Thai graft body to charge lawmakers over Senate move

Protests are continuing in Bangkok ahead of a mass demonstration on 13 January

Thailand's anti-corruption body says it will bring charges against more than 300 politicians, mostly from the governing party, for trying to change the constitution.

A court ruled in November that the government move to make the Senate fully elected was unconstitutional.

The graft body said PM Yingluck Shinawatra would not face charges.

The move comes as Thailand heads for a general election on 2 February, amid opposition protests.

Ms Yingluck called the polls last month in a bid to end demonstrations by opposition supporters in Bangkok.

Analysis

By Jonathan HeadBBC News, Bangkok

The decision by the NACC to press charges against 308 MPs and Senators casts yet another shadow over the 2 February election.

The constitution requires parliament to sit within 30 days of the election, with a minimum of 95% of the seats filled, and then another 180 days to fill 100%. That looks like an impossible goal right now.

The accused - who include 223 MPs from the governing Pheu Thai party - now have two weeks to testify to the commission. If after that it finds there is a prima facie case against them, they would normally be immediately suspended from official duties. However, parliament has already been dissolved, and they will still be allowed to contest the election. But they would likely be barred from taking their seats if the Senate then decides to impeach them. These would have to be re-contested in by-elections.

But that is not the only problem. Anti-government protests blocked candidates from registering in 29 constituencies last month. The candidates have petitioned the Supreme Court to recognise their registration anyway, but it is not clear how the court will rule. The inability to hold elections in those 28 constituencies would leave fewer than 95% of the 500 assembly seats filled.

Political turmoil has once again left crucial decisions in the hands of Thailand's extra-parliamentary bodies - the top courts, the Election Commission and the NACC. These bodies are widely viewed as unsympathetic to the Pheu Thai party. And if the election cannot produce a government, the military could then step in. Tellingly, the army commander has repeatedly refused to rule out a coup in recent weeks.

The protesters want Ms Yingluck's government replaced with an unelected "People's Council".

They say her government's populist policies - which they allege are controlled by her brother, ousted former PM Thaksin Shinawatra - have created a flawed democracy.

Ms Yingluck's party draws considerable support from rural voters and would be likely to win the election - which the main opposition party is now boycotting.

'Long-term solutions'

The National Anti-Corruption Commission (NACC) ruling will lead to another investigation and could potentially result in the 308 lawmakers being banned from politics.

The Constitutional Court last year ruled against the proposed amendment. The Senate was made partly appointed under a new constitution introduced in 2007, after the military removed Mr Thaksin in a bloodless coup.

Mr Thaksin's opponents see the constitution as a vital check against his influence, analysts say.

Court rulings have in the past been a key factor amid political turbulence in Thailand.

In December 2008, a government of Mr Thaksin's allies fell from power after a court disbanded their political party for electoral fraud, allowing the opposition to form a government.